The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-04-29

amples Of the extent to which they have Seea
violated IN the past. These sections Of the set
are expressed in plain words. 4 construction
must be given 10 them in the frst instance By
the carriers aad their patrons. When course
Of conduct has been adopted Of which complaint
Is made that it violates the lav. the decision
Of the question will rest with the courts q
with the Commission. as the complaining party
may elect. This Is the ordinary method in
which oil legislation Is administered and CD
piled. and that the statute in question presents
10 exceptions.
One more suggestion may properly be added
II appears from the numerous petitions that
have been laid before for preliminary adf
vice. many Of them obviously upon the sugges.
tion il not By tho procurement Of the Carriers
themselves, that common comment on the Law
by the carriers and those who have heretofore
enjoyed special favors ut thoir hands, describe
the system OF penalties which the Law provides
as extrs- oe, and the risks imposed upon unin-
tentio8A and unvitting violsters of its prOvis.
ions ~ enormous. Such comment seems to u
neithse fair nor just. 1t Is true that section
provides that for violation Of the law and sor
failure to dc IN act which the Law requires. tho
Offending carrier shall be liable to the injured
party Ter the actual damage sustained, together
with . reasonable counsel or attorney fee, to
be fxei by the court and collected with the
costs il. the ease.
1t Is $50 true that section 10 imposes fine Of
mot to txceed So,00' upon common carriers
and their officers, agents and servants who will
fully do or cause to be done. or willingly suffer
or permit to be dons. any prohibited act, etc,
upon convk ton in . district court Of the United
States. The civil remedy described in ssctio,
adds an attorneys foe to the existing COM
mon law right az any injured party to recover
the full amour. It his damages . condition OF
Affairs which can not greatly aisr&' corporations
disposed to fair dealing: while he criminal
remedy given in section 10 obviously pertains to
intentional violators OF The law, and is in these
cases to be graduated by thu court according to
the enorrnity of the sffense. Good faith. exhib-
tied in honest effort to carry out the require
ments of the Law. will involve reasonable and
fairm minded officials in no danger OF damages or
fines. The elasticity Of the statute in their
favor is noticeable. The unjust discrimination
OF section must DO 'iu q like and conten-
poraneous service, in the transportation of
like kind OF traffic. under substantially similar
circumstances and conditions" The preference
or advantage Of section must be undue or IN
reasonable"
Throughout the act. as It nov stands, in q
confesssdly experimental form, there is an OBJ
rious and Q generous purpose to allow tue cor
porations ample scope in the corduc. of their
business as common carriers for the pee pie and
fair consideration Of every reasonable claim,
while insisting upon just impartial, open and
consistent rates Of charge to which every citi.
zen shall be subject ankle whose situation is
the same. Surely the people could not nsk for
less
The language and the tenor Of the oct wholly
fail to justify railroad managers. il any such
there be. who refuse to accept responsibilities,
decline TO offer rates. neglect TO announce cor
ditions Of traffic, embarrass tbs customary in
terchanse OF business and impose st-.gnatiol
the phrases and expressions OF the Law, invent
ing doubts ana imagining dangers. Il is still
more unjustifiAble for railroad companies TO
make use OF the general clauses OF the Law, iy-
noring its modifying and enlsrging words and
formulas in order to impose additional burdens
upon localities, trades, professions. man
ufacturers, consumers classes OF travellers or
employees. straining and depressing every con-
struction in favor Of the corporate treasury and
quoting the new law their authority for all
manner Of petty exsctioIs. The powers OF tho
Commission are entirely adequate to cope with
such conduct. the existence OF which 10 not az
frried although it has been newhat publicly
suggested. The same statute which enacts that
charges for like service shall be uniform TO all,
also provides that charges in every case and for
every kind and class Of service shall be reason
able and just As the law is practically sppliei
ii is said to contain many elements OF advan-
tsgs to the economical and profitable manage
ment OF the business OF the carriers, which
they have not been slow to apprshend and tako
the benefit of.
The Commission ventures to express the hope
that with this explanation respecting the mu
:ua, functions Of The carriers and the Commits
soners in carrying tho law into effect according
TO the true intent and meaning there will be TO
lack OF good faith and active cooperation in
the normal activity Of every kind OF
industry and trafao throughout the
land. under favorable. fair and reasonable
terms. cOnceding frankly to the people all tho
rights, benefits, advantages and equal privi-
eges which tho "act to regulate commerce."
was intended to secure.